+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

having a divorce while still on application for PR

ramina

Member
May 28, 2012
12
0
Does anybody knows whats gonna happen if i am pregnant not with my husband while i am still on the processing of permanent resident? And i am on my divorce right now. Please help. I need to divorced my husband who is not yet here in canada coz i found out that he just marry me because of canada. It affects me a lot when i found that thats why i have this situation right now(pregnant).
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
You must inform CIC about any changes to your situation. If your husband is part of your application, you should have him removed as a person accompanying you. Get an immigration lawyer if you are not able to handle this yourself.
 

ramina

Member
May 28, 2012
12
0
I already i informed them before and withdrawed my sponsorship with him. And i know that immigration will gonna find out that i am pregnant in the future. hopefully i can get my divorced as soon as possible. But my husband back home knows that i am pregnant. We are already separated but its just that its wrong timing having a baby while still on process of divorce. And i just realized its wrong but i am not going to kill my child because of what happened. Do you think my status will be at risk right now? Immigration just called me last friday about my papers coz they are processing it now. Just didnt get the chance to talk to them. I am so afraid for what will happened in the future. I have family to support.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Your PR application should be fine. The divorce will not affect anything. You say you already told immigration that you are getting divorced and want your husband removed as an accompanying dependent, then that should be fine.

Being pregnant will not affect anything except possibly the medicals if you haven't done them already, it would delay them.

If you are in Canada and the baby is born in Canada, the baby will be Canadian and you do not have to add it to your application.
 

ramina

Member
May 28, 2012
12
0
I see.. thank you so much for the information. I hope this week i could receive an interview for my PR. I dont have plans to hide it from them coz i know theyre good on researching.whatever happens i will let you know. Thank you so much and Godbless.
 

ramina

Member
May 28, 2012
12
0
Hi. I received a letter from the immigration and they are processing my PR right now. But they are asking me to provide them some legal documents like my divorcement papers. I am not gonna have a problem with that but on the letter they want me to notify them if there is changes on my status like if i am going to have a baby which is i am pregnant right now but not with my spouse. So if i will tell them that I am pregnant, am I gonna have a problem on my PR status application? Aren't theyre gonna asked me if this baby is from my spouse which is not. I don't live to anybody right now. Only me and my child. Is there a possibility that my PR application will get refused? Thank you. Please kindly tell me the right thing to do.. Thank you
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
Just tell them that you are pregnant and that your ex husband is not the father. It will not cause a problem for the application except if you are outside Canada and your baby has to be added to the application, you would have to prove that you either have full custody or that the babys father allows the baby to immigrate. However, if you are having the baby in Canada, the baby will be Canadian so it will not be an issue.
 

ramina

Member
May 28, 2012
12
0
Alright thank you. I'll inform you whatever the outcome is.. It gave me hopes. Hopes for my childs future and my family..
 

ramina

Member
May 28, 2012
12
0
I have another question because my lawyer said he already sent the papers to him and my ex told me that up to now, he never received anything. and he told me that he spoke with an attorney back home and he is going to send a papers to me and to immigration before they will approve my papers. and it bothers me because he wants my papers to get refuse so that i will go back there in the Philippines and not to live here anymore. By the way we got married may 31, 2010 in the Philippines not here in Canada. Please tell me whats the right thing to do in order for me to protect my papers. I am doing this because of my child. Its his fault thats why we are not together coz he just marry me to come here in Canada.
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
First, stop worrying so much. Stress is #1 bad thing for the baby. It will be okay.

You're in Canada now. Having a baby with someone else isn't a crime. CIC will not deny you because you're pregnant with another man's child. In fact, it's none of their business until the baby is born! Even then, you just need to show proof the baby is Canadian and you're done. The fact you had a boyfriend while married isn't a crime either. Legally, you have done nothing wrong.

Your ex is trying to manipulate you and scare you so you keep him on your application. STOP all contact with him. All contact goes through your lawyer only. Make sure he's removed from your PR application and make sure you verify he is not on the application at landing.

Unless you lied (commited fraud) to get your PR somehow, there is nothing he can do to your application. If you were honest - then it's not his business. The application is between you and CIC. No one else. Now, CIC may receive a "poison pen letter" from him, accusing you of things. Just be prepared to show CIC that he's angry and trying to bully you. If you have any records of him threatening you, make sure to give a copy to your lawyer.

Basically:
- Stop all contact with him. Block all phone calls, emails, or forward to your lawyer
- Make sure he's removed from your application
- Nothing you have told us so far is reasons for you to be denied your PR
- Try to relax for your sake and the baby's sake
 

ramina

Member
May 28, 2012
12
0
I know I am so stressed and I know that I am hurting my baby right now. I think he received the papers that's why he emailed me and telling me that he already spoke to his lawyer. I am going to give birth here coz i don't want to give birth in the Philippines and live separately with my child. My child is my strength right now. And also my family and friends who supported me and knows everything happens. I have a lot of proof of how he verbally abused me. Everything before our relationship ended. And people that he involved in our problems. He even had a problems with my relatives here last time on Facebook coz he posted a lot of ugly stuff about me. He even ruined my reputation in our community back home and it affects my family. I already removed him on my application however, CIC wants me to give them a legal document that we are really separated or divorce within 90 days. But i dont think i will get a divorce right away coz my ex will not probably gonna sign the papers and we might have to file for a motion. So me and my lawyer are working on it right now. And he told me that he will send a copy for me(acknowledgement papers he sent to my ex spouse) so that i can send to the immigration officer and they will give me time to wait for my divorcement papers. I will take your advised for the sake of my child. Thank you so much :)
 

ramina

Member
May 28, 2012
12
0
another question, he just emailed me once again and asking me to choose if i will agree on a agreement that he will going to send me(and i think that agreement is to bring him here in Canada) or continue suing me for adultery in the Philippines and will let the immigration know about it. sorry but i replied on his emailed but i never said yes or no. i just asked him what is the agreement. and you are right, he is trying to manipulate me. my question is, if he will going to sue me in the Philippines for adultery, does it affects my application for being a resident even if i know that adultery here in Canada is not a crime. Does he has the right to deport me here in Canada?
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
He can sue you in the Philippines all he wants and it will not affect your application for immigration in Canada because like you said, adultery is not a crime in Canada.
 

ramina

Member
May 28, 2012
12
0
And just in case that "the agreement" is to bring him here and just continue the divorce when he is here, i can use that as a proof that he really wants to go here. I don't want that to happen. He has been a part of my life but our relationship is not that strong enough. And I don't want to hurt him. So he doesn't have the right to deport me even if i filed a case there in the Philippines? I actually even told him that I am going to file an annulment there after I settle down. Because he was asking me for a legal separation. And now, I just dont understand why is he doing this. And he even telling me that he already spoken to his relatives here in Canada that I dont even met. Can he's family has the right to get involved on this?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
I would use that agreement against him. Let him send a copy and hand it over to your lawyer.

Canada will never extradite you back to the Phils for adultery. It would be against your human rights. Your husband has no ability to deport you. He can't do that. It's a government function and they have to find a good reason to do so. (You would have to do something like murder to get extradited - something serious.)

Other than act like jerks, potentially harass you, his family can do nothing to you here. You have committed no crimes in Canada. If his family does harass you, then you can seek legal protection - but don't worry about that right now. Put it off unless it does happen.

He clearly wants to hurt you. Don't spare his feelings. I'm not saying to be malicious, but don't give him what he clearly isn't giving you. He doesn't care about you the person and he's taking advantage of your kindness. Cut him off and don't give him the time of day. His actions are horrendous and he doesn't deserve a kind woman.